M.Rakku,(46 Yrs) v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD).No.10113 of 2016 M.Rakku ... Petitioner Vs.
1.The District Collector, Collectorate, 2.The District Revenue Officer, 3.The Tahsildar, Madurai East Taluk, ... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider and to pass orders on the representation of the petitioner dated 07.09.2015 and to grant free house site patta to the petitioner's house in door No.3/594, situated at Natham Sy.No.61 of Sakkimangalam Village, Madurai East Taluk, Madurai, within a stipulated time that may be fixed by this Court.
For Petitioner :Mr.V.A.Dhana Aravindha Balaji For Respondent :Mr.S.Kumar Additional Govt. Pleader
O R D E R
Heard both sides.
2.By consent, the main writ petition itself is taken up for final disposal.
3.The grievance of the petitioner is that she is a landless poor and she has been in possession and enjoyment of the Government land i.e Grama Natham in Sy.No.61, situated at Annai Indhira Nagar, Sakkimangalam Village for more than thirty years
and had constructed a house in door No.3/594. She had applied for issuance of patta before the first respondent/District Collector, Madurai on 07.09.2015 in respect of the property in question. Her application was forwarded to the third respondent/Tahsildar, Madurai East Taluk, Madurai for taking appropriate action within 15 days. However, no action has been taken. Therefore, the petitioner sent a representation to the third respondent on 31.12.2015 under the Right to Information Act to find the status of her application and the third respondent on 12.01.2016 furnished a reply stating that some action has been taken on her application in reference No.MI/15/10696. But, actually no fruitful action was taken by the respondent. Therefore, she has sent another representation dated 18.03.2016 to the respondents 1 to 3. However, patta was not issued to her. Hence, she has filed the present writ petition before this Court.
4.In view of the fact that the petitioner's representation dated 07.09.2015 is pending as on date (without any disposal), this Court, at this stage, simpliciter, without traversing upon the merits and contents of the representation of the petitioner, dated 07.09.2015, in the interest of Justice and Fair Play, directs the third respondent/Tahsildar, Madurai East Taluk, Madurai District, to take up the representation of the petitioner dated 07.09.2015 within 3 days from the date of receipt of a copy of this order. Soon after the receipt of a copy of the representation of the petitioner dated 07.09.2015, the third respondent/Tahsildar, Madurai East Taluk, Madurai District, is to pass a reasoned, speaking order on merits on the representation of the petitioner dated 07.09.
2015, within a period of three weeks thereafter, by following the principles of natural Justice, by providing adequate opportunity to the petitioner and others concerned, if any. The petitioner is directed to lend her assistance and co-operation to the third respondent so as to enable him to dispose of his representation, dated 07.09.2015, within the time fixed by this Court.
5. With the aforesaid observation/direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate,
2.The District Revenue Officer, 3.The Tahsildar, Madurai East Taluk, +1cc to M/s.Dhana Aravinda Balaji, Advocate Sr.No.28852/16 +1cc to M/s.Special Government Pleader SR.No.29273/16 sm:SKS-RR:16.06.2016:3P/6C Writ Petition (MD).No.10113 of 2016